• By JASON BROWN
• Advocate Acadiana bureau
• Published: Nov 21, 2008 - Page: 1BA - UPDATED: 12:05 a.m.

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LAFAYETTE — Lafayette Police are investigating the death of a 28-year-old father of three who was shot Wednesday night by an apparently angry customer while working the drive-thru window at Burger King.

Cpl. Paul Mouton, spokesman for the Lafayette Police Department, said the shooting occurred at 11:40 p.m. at the Jefferson Boulevard location off Evangeline Thruway.

The victim was identified as James Living Jr. of Lafayette.

Living had served four years in the Army and was enrolled in his first year at Remington College, where he had just made the Dean’s List, his mother, Sherry Francis, said Thursday. Francis described her son as a happy-go-lucky perfectionist who was pursuing a career in computers even though she wanted him to be a lawyer.

It was among his earlier aspirations, dating back to kindergarten, where he once brought a briefcase to class instead of a backpack.

Francis said that Living was a loving father, a caring brother, the oldest of four children, and a man who helped her anytime she was in need.

He was a 28-year-old with the heart of a 4-year-old and “he called me every day to tell me he loved me,” Francis said.

Mouton said the incident occurred after the shooter tried to persuade Living, who was a manager, to allow him to eat inside the restaurant after the dining area had closed.

Afterward, the shooter drove through the drive-thru and placed an order. He then began arguing with Living at the pickup window.

“He was upset about not being able to come in and dine inside,” Mouton said.

The shooter drove away and returned about five minutes later to continue the argument.

At some point, he pulled out a gun and shot Living once in the chest.

Police have not identified the shooter but issued an arrest warrant Thursday for Edward Johnny Zeno, 17, of Lafayette for principal to second-degree murder.

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